HomeMy WebLinkAbout7- 705 S Church WOTUS Delineation PO BOX 1424 BOZEMAN, MT 59771
(406)539-7244 briana@sundogeco.com
Sasha Slorer
705 S Church Ave
Bozeman, MT 59715
Re: Waters of the US Delineation; Bozeman Creek
August 25, 2021
Dear Ms. Slorer,
An investigation to identify waters of the United States (WUS) located at 705 S Church
Avenue in Bozeman, MT was completed by Briana Schultz of Sundog Ecological, Inc. on July 7,
2021. This real property encompasses 1.2 acres of residential land with Bozeman Creek
flowing through the property. The property is legally described as Section 7; Township 2 south;
Range 6 east of Tract 9 in the SW ¼, SE ¼ being 132 x 379.5’ x abandoned C M ST P & P RR
being 7 ½’ SE of centerline and lying adjacent to IND Tract 9 in SW ¼ SE ¼. Included with
this submittal is a map of the project area shown on the National Wetland Inventory database.
Bozeman Creek bisects the property with the majority of the property on the east side of the
creek. The creek is shown as a riverine habitat type with a riparian component but no wetland
habitat component.
The field investigation was completed for the landowners to identify the location, extent, and
characteristics of jurisdictional WUS within the study area boundaries for compliance with
United States Army Corps of Engineers (USACOE) regulations. The USACE requires a permit
for the discharge of fill materials into WUS in accordance with Section 404 of the Clean Water
Act (CWA 1986). A 2001 Supreme Court decision in the case of the Solid Waste Agency of
Northern Cook County versus the US Army Corps of Engineers (SWANCC) limited the federal
authority under the CWA to regulate certain isolated wetlands. Considering the Court’s
decision, WUS as it applies to the jurisdictional limits of the authority of the USACE include the
area below the ordinary high-water mark (OHWM) of stream channels and lakes or ponds
connected to the tributary system, and wetlands adjacent to these waters. The jurisdictional
status of wetland depends on the presence or absence of a connection and/or proximity to
waters of the US.
Waters of the US within the study area were identified on July 7, 2021, using methodology
developed by the USACE and other federal agencies for implementation of Section 404 of the
CWA. Prior to conducting a field assessment, available background and supplementary
reference materials were reviewed, including aerial photographs from Google Earth Pro,
National Wetlands Inventory maps, Montana Natural Heritage Program maps, the Gallatin
County Soil Survey, Web Soil Survey, the National Wetlands Plant List, and topographic maps.
This wetland delineation was conducted using the routine on-site-approach in accordance with
standard practices outlined in the 1987 Army Corps of Engineers Wetland Delineation Manual
(Environmental Laboratory 1987) and by Regional Supplement to the Corps of Engineers
Wetland Delineation Manual: Western Mountains, Valleys, and Coast (Version 2.0) (ACOE
2010). This study evaluated the presence or absence of indicators of three wetlands
parameters described in the ACOE Wetland Delineation Manual. Under the delineation
procedures outlined in this manual, an area must exhibit characteristic wetland hydrology, hydric
soils, and hydrophytic vegetation to be considered a wetland. If field investigation determines
that any of the three parameters are not satisfied, the area does not usually qualify as a
wetland.
In the case of the 705 S Church Avenue property at Bozeman Creek, there was no evidence of
wetland fringe adjacent to the stream channel. The stream bisects the property, with most of
the property on the east side of the stream. The bed and bank are approximately 20 feet wide;
it is a perennial stream and is classified as a WUS. The banks are vegetated with a mix of Poa
pratensis (Kentucky blue grass), Rosa woodsii (Wood’s rose), Prunus virginiana (choke cherry)
and Leucanthemum vulgare (oxeye daisy). The overstory consists of decadent Salix fragilis
(crack willow). The attached soils map shows Bozeman Creek on aerial photograph and
includes a vague soils description. Mapped soils in this location are identified as Urban Land
and are not given any distinct classification or identifying features. Observed soils from test pits
in this location were sandy silts overlain with silt loam.
Included project maps show the location of Bozeman Creek, with the ordinary high-water mark,
along with the City of Bozeman setback requirements. Please be aware that while no wetlands
were observed at this location, other permits (404, 401, etc.) may be necessary if you chose to
work within the ordinary high-water mark/bed and bank of Bozeman Creek. If you have
questions, or require additional information, please contact me at 406-539-7244 or at
briana@sundogeco.com.
Sincerely,
Briana Schultz
Wetland Scientist, MS
Cc: Brett Meegard, Hyalite Engineering
Enclosures: National Wetland Inventory Map
Custom Soils Report for Gallatin County